<br>Turtles sue Applebee's over 'Happy'<br>Monday, December 20, 2004 Posted: 9:01 AM EST (1401 GMT) <br><br>LOS ANGELES, California (Reuters) -- It turns out restaurateur Applebee's International Inc. and the 1960s pop group the Turtles aren't so happy together after all.<br><br>Two of the group's members, Mark Volman and Howard Kaylan, have sued the chain and its advertising agency, FCB Worldwide Inc., over an ad which modified lyrics to their 1967 hit "Happy Together."<br><br>In the ad, the words "Imagine me and you, I do/I think about you day and night, it's only right" become "Imagine steak and shrimp, or shrimp and steak/Imagine both of these on just one plate."<br><br>Arguing their reputation was compromised, the pair said the lyrics changed "from those of a sweet love song to a crass paean to shrimp and steak combination plates," according to papers filed in Los Angeles federal court Wednesday.<br><br>They seek damages and profits from sales drummed up by the steak and shrimp promotion.<br><br>A spokeswoman for the chain, which operates about 1,600 of its namesake restaurants, said the company had not yet seen the suit. FCB Worldwide, which is a unit of Interpublic Group of Cos Inc. could not immediately be reached for comment.<br><br>An attorney for the plaintiffs, Evan Cohen, said Applebee's contacted the song's publisher for permission to use the song, but did not contact the Turtles, who are the owners of the original master recording.<br><br>"This lawsuit is about celebrity impersonation," Cohen said. "The average listener thinks it's the Turtles changing the lyrics to their most celebrated song and a No. 1 hit to suit the needs of Applebee's."<br><br>"Happy Together" is one of many classic pop tunes Applebee's has parodied in its commercials. Others include the Newbeats' 1964 hit "Bread and Butter," which was used in ads promoting Skillet Sensations.<br>

[quote author=Billy link=board=general;num=1103564117;start=0#1 date=12/20/04 at 09:39:03]I wonder if Evan Cohen is related to Herb. Anyways, I haven't seen that commercial in a long time, so I don't see what the fuss is about.[/quote]<br><br>Plenty of fuss if F and E aren't getting their royalties for it.

_________________Make your checks payable to QUENTIN ROBERT DeNAMELAND, Greatest Living Philostopher Known to Mankind.

I saw a camera commercial the other day that used John Lennon's "Across the Universe." Very sad...Joe Perry was interviewed on the Howard Stern Show recently and someone asked him why he let Areosmith's songs be used in commercials. He said, "We used to think it was bad and a sell out in the 70s. You know, us against the horrible corporate world. Now it's different." Artie Lang said "Yea, now you're part of the horrible corporate world."

[quote author=jaypfunk link=board=general;num=1103564117;start=0#2 date=12/20/04 at 11:53:47]<br><br>Plenty of fuss if F and E aren't getting their royalties for it. [/quote]<br>The thing is, it's not their royalties. They didn't write the song, and the commercial doesn't use their voices. I hate the commercial, but they don't really have much of a case. This should be somebody else's lawsuit.

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